Connecticut 2019 Regular Session

Connecticut Senate Bill SB00642 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 642
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	6	+	General Assembly Committee Bill No. 642
8	7		January Session, 2019
	8	+	LCO No. 6377
	9	+
	10	+
	11	+	Referred to Committee on GOVERNMENT ADMINISTRATION
	12	+	AND ELECTIONS
	13	+
	14	+
	15	+	Introduced by:
	16	+	(GAE)
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12	20		AN ACT CONCERNING SO CIAL MEDIA PLATFORMS AND
13	21		CAMPAIGN FINANCE.
14	22		Be it enacted by the Senate and House of Representatives in General
15	23		Assembly convened:
16	24
17	25		Section 1. Section 9-601 of the general statutes is amended by adding 1
18	26		subdivisions (32) and (33) as follows (Effective from passage): 2
19	27		(NEW) (32) "Online platform" means any public-facing Internet web 3
20	28		site or application or digital application, including, but not limited to, a 4
21	29		social network, advertisement network or search engine, that sells 5
22	30		qualified political advertisements and (A) has four hundred thousand 6
23	31		or more unique monthly visitors or users, which visitors or users have 7
24	32		an assigned Internet protocol address within the United States, for 8
25	33		seven of the preceding twelve months, or (B) has revenue from 9
26	34		advertising in excess of one thousand dollars per year. 10
27	35		(NEW) (33) "Qualified political advertisement" means any 11
28	36		advertisement, including, but not limited to, sponsorship and search 12
29	37		engine marketing, that is an expenditure, as defined in section 9-601b. 13
30	38		Sec. 2. (NEW) (Effective from passage) For each sale of a qualified 14
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31	44		political advertisement on an online platform, as those terms are 15
32	45		defined in section 9-601 of the general statutes, as amended by this act, 16
33	46		such online platform shall: (1) Make available for online public 17
34	47		inspection, and in machine-readable format, a digital copy of the 18
35		-	qualified political advertisement; and (2) provide to the State Elections 19 Committee Bill No. 642
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	48	+	qualified political advertisement; and (2) provide to the State Elections 19
42	49		Enforcement Commission the name, street address and phone number 20
43	50		of a single point of contact at such online platform who is responsible 21
44	51		for the sale and appearance of such qualified political advertisement 22
45	52		on such online platform. 23
46	53		Sec. 3. Subsection (b) of section 9-601c of the general statutes is 24
47	54		repealed and the following is substituted in lieu thereof (Effective from 25
48	55		passage): 26
49	56		(b) When the State Elections Enforcement Commission evaluates an 27
50	57		expenditure to determine whether such expenditure is an independent 28
51	58		expenditure, there shall be a rebuttable presumption that the following 29
52	59		expenditures are not independent expenditures: 30
53	60		(1) An expenditure made by a person in cooperation, consultation or 31
54	61		in concert with, at the request, suggestion or direction of, or pursuant 32
55	62		to a general or particular understanding with (A) a candidate, 33
56	63		candidate committee, political committee or party committee, or (B) a 34
57	64		consultant or other agent acting on behalf of a candidate, candidate 35
58	65		committee, political committee or party committee; 36
59	66		(2) An expenditure made by a person for the production, 37
60	67		dissemination, distribution or publication, in whole or in substantial 38
61	68		part, of any broadcast or any written, graphic or other form of political 39
62	69		advertising or campaign communication prepared by (A) a candidate, 40
63	70		candidate committee, political committee or party committee, or (B) a 41
64	71		consultant or other agent acting on behalf of a candidate, candidate 42
65	72		committee, political committee or party committee; 43
66	73		(3) An expenditure made by a person based on information about a 44
67	74		candidate's, political committee's, or party committee's plans, projects 45
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68	80		or needs, provided by (A) a candidate, candidate committee, political 46
69	81		committee or party committee, or (B) a consultant or other agent acting 47
70	82		on behalf of a candidate, candidate committee, political committee or 48
71	83		party committee, with the intent that such expenditure be made; 49
72		-	(4) An expenditure made by an individual who, in the same election 50 Committee Bill No. 642
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	84	+	(4) An expenditure made by an individual who, in the same election 50
79	85		cycle, is serving or has served as the campaign chairperson, treasurer 51
80	86		or deputy treasurer of a candidate committee, political committee or 52
81	87		party committee benefiting from such expenditure, or in any other 53
82	88		executive or policymaking position, including as a member, employee, 54
83	89		fundraiser, consultant or other agent, of a candidate committee, 55
84	90		political committee or party committee; 56
85	91		(5) An expenditure made by a person or an entity on or after 57
86	92		January first in the year of an election in which a candidate is seeking 58
87	93		public office that benefits such candidate when such person or entity 59
88	94		has hired an individual as an employee or consultant and such 60
89	95		individual was an employee of or consultant to such candidate's 61
90	96		candidate committee or such candidate's opponent's candidate 62
91	97		committee during any part of the eighteen-month period preceding 63
92	98		such expenditure; 64
93	99		(6) An expenditure made by a person for fundraising activities (A) 65
94	100		for a candidate, candidate committee, political committee or party 66
95	101		committee, or a consultant or other agent acting on behalf of a 67
96	102		candidate, candidate committee, political committee or party 68
97	103		committee, or (B) for the solicitation or receipt of contributions on 69
98	104		behalf of a candidate, candidate committee, political committee or 70
99	105		party committee, or a consultant or other agent acting on behalf of a 71
100	106		candidate, candidate committee, political committee or party 72
101	107		committee; 73
102	108		(7) An expenditure made by a person based on information about a 74
103	109		candidate's campaign plans, projects or needs, that is directly or 75
104	110		indirectly provided by a candidate, the candidate's candidate 76
105	111		committee, a political committee or a party committee, or a consultant 77
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106	117		or other agent acting on behalf of such candidate, candidate 78
107	118		committee, political committee or party committee, to the person 79
108	119		making the expenditure or such person's agent, with an express or tacit 80
109	120		understanding that such person is considering making the 81
110		-	expenditure; 82 Committee Bill No. 642
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	121	+	expenditure; 82
117	122		(8) An expenditure made by a person for a communication that 83
118	123		clearly identifies a candidate during an election campaign, if the 84
119	124		person making the expenditure, or such person's agent, has informed 85
120	125		the candidate who benefits from the expenditure, that candidate's 86
121	126		candidate committee, a political committee or a party committee, or a 87
122	127		consultant or other agent acting on behalf of the benefiting candidate 88
123	128		or candidate committee, political committee, or party committee, 89
124	129		concerning the communication's contents, or of the intended audience, 90
125	130		timing, location or mode or frequency of dissemination. As used in this 91
126	131		subdivision, a communication clearly identifies a candidate when that 92
127	132		communication contains the name, nickname, initials, photograph or 93
128	133		drawing of the candidate or an unambiguous reference to that 94
129	134		candidate, which includes, but is not limited to, a reference that can 95
130	135		only mean that candidate; [and] 96
131	136		(9) An expenditure made by a person or an entity for consultant or 97
132	137		creative services, including, but not limited to, services related to 98
133	138		communications strategy or design or campaign strategy or to engage 99
134	139		a campaign-related vendor, to be used to promote or oppose a 100
135	140		candidate's election to office if the provider of such services is or has 101
136	141		provided consultant or creative services to such candidate, such 102
137	142		candidate's candidate committee or an agent of such candidate 103
138	143		committee, or to any opposing candidate's candidate committee or an 104
139	144		agent of such candidate committee after January first of the year in 105
140		-	which the expenditure occurs. For the purposes of this subdivision, 106
141		-	[communications strategy or design] "communications strategy or 107
142		-	design" does not include the costs of printing or costs for the use of a 108
143		-	medium for the purpose of communications. For the purposes of this 109
144		-	subdivision, [campaign-related vendor] "campaign-related vendor" 110
145		-	includes, but is not limited to, a vendor that provides the following 111
146		-	services: Polling, mail design, mail strategy, political strategy, general 112
147		-	campaign advice or telephone banking; [.] and 113
148		-	(10) An expenditure made by an online platform, which expenditure 114
149		-	displays the name, face or voice of a candidate, ninety days or less 115 Committee Bill No. 642
	145	+	which the expenditure occurs. For purposes of this subdivision, 106
	146	+	communications strategy or design does not include the costs of 107
	147	+	printing or costs for the use of a medium for the purpose of 108
	148	+	communications. For purposes of this subdivision, [campaign-related 109
	149	+	vendor] "campaign-related vendor" includes, but is not limited to, a 110
	150	+	Committee Bill No. 642
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	155	+	vendor that provides the following services: Polling, mail design, mail 111
	156	+	strategy, political strategy, general campaign advice or telephone 112
	157	+	banking; [.] and 113
	158	+	(10) An expenditure made by an online platform, which expenditure 114
	159	+	displays the name, face or voice of a candidate, ninety days or less 115
156	160		before the day of a primary or election if such expenditure was not 116
157	161		made neutrally or evenly as to such candidate and each opponent of 117
158	162		such candidate. For the purposes of this subdivision, "expenditure 118
159	163		made by an online platform" includes, but is not limited to, any tool or 119
160	164		feature created by or for such online platform that appears on or is 120
161	165		integrated with such online platform. 121
162	166		This act shall take effect as follows and shall amend the following
163	167		sections:
164	168
165	169		Section 1 from passage 9-601
166	170		Sec. 2 from passage New section
167	171		Sec. 3 from passage 9-601c(b)
168	172
169		-	Statement of Legislative Commissioners:
170		-	In Section 3(b)(9), "For purposes" was changed to "For the purposes"
171		-	and "communications strategy or design" was changed to
172		-	"[communications strategy or design] "communications strategy or
173		-	design"" for consistency.
	173	+	Statement of Purpose:
	174	+	To define "online platform", require such platform to make publicly
	175	+	available copies of electioneering communications and contact
	176	+	information at such platform for such communications and impose a
	177	+	rebuttable presumption that certain content created by or for such
	178	+	platform is not an independent expenditure if displayed during the
	179	+	ninety days prior to a primary or election.
	180	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	181	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	182	+	not underlined.]
174	183
175		-	GAE Joint Favorable Subst. -LCO
	184	+	Co-Sponsors: SEN. LESSER, 9th Dist.
	185	+
	186	+	S.B. 642
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176	188